LAH 4A (Aug.

22) reclusion temporal

12-20/crimes against
 Ignorance of the law excuses no one fundamental laws of
 Definition of Law – a rule of conduct, just the state, arbitrary
and obligatory, laid down by legitimate detention, crimes
authority for common observance and against person,
benefit. paricide, murder,
o Rule of conduct – guide of an homicide
individual in rel to his fellowmen  International law –
and community body of rules which
o Just – makatarungan, unprejudiced, regulate the
karapat dapat community of
o Obligatory – mandatory, otherwise, nations/piracy,
will not serve its purpose slavery. Non-
o Prescribed by a legitimate authority – discrimination,
otherwise, syempre hindi ioobservce genocide
ng mga tao. Who is LA? Those who  Political Law-branch
are duly chosen by the sovereign will of public law which
of the people. Sovereignty resides in deals with the
the people and all govt. organization of the
o Common benefit – not selective. govt organs of the
Equal, no religion, political state (3 branches), and
persuasion, status in life. define relations of the
 Kinds of Law state with the
o As to purpose inhabitants of its
territory (bill of
 Substantive – C,D,R rights
rights-limitations
concerning life, liberty and
power of the
property, which, when
government)
violated gives rise to a
COA/enacted by
 Special/Private Law – particular
congress/penal code, civil,
persons/class
labor, taxation, (regular ee
o Civil law – family code
secu of tenure/every person
must) o Maritime law – commerce by
 Procedural/Adjective – sea, regulation of ships,
prescribes methods of harbors, status of seamean
enforcing the rights created (domestic shipping, ship
by substantive law (LA- repair, weight requirement
NLRC Comm-R65 CA, before travelling)
R45SC) o Mercantile law – commercial
 As to scope transactions (insurance,
 General/Public Law – applies transportation law,
to all people of state, equal corporation, IP Laws
force and obligation  Sources of Law
 Criminal law – o Philippine Constitution
defines crimes, treats o Statutes/Legislative Enactments
of their nature, (Legislative is Congress, LGU, even
provides for their the people)
punishment (crimes o Admin/Exec orders, regulations,
against national rulings-IRRs
security – treason, o Jurisprudence – stare decisis
 o Custom – they have force of law (Armando yrasegui vs. PAL) n the
only when they are acknowledged by absence of governmental
sociert thru long and uninterrupted interference, the liberties guaranteed
usage by the Constitution cannot be
o Other sources – foreign tribunals and invoked.87 Put differently, the Bill of
opinions of text book writers Rights is not meant to be invoked
against acts of private individuals.////
Zulueta v. CA, G.R. No. 107383, 20
Feb. 1996
PHILIPPINE CONSTITUTION
SECTION 1
 Definition-fundamental law of the land, to
which all other laws must conform. o Right to life – not merely a right to
Fundamental powers of the govt are be alive, but also to pursue a lawful
established, limited, and defined, and calling or occupation, ro
distributed among departments express/paint his ideas, as long as he
 Composition – preamble and 18 articles does not transgress rights of others,
o 1 – national territory exercise freedom of choice-politics,
o 2 – decla of principles and state religion, philosophy, any lawful
policies activity which makes life worth
o 3 – bill of rights living
o 4 – citizenship o Liberty - free from physical restraint,
o 5 – suffrage free to use all his faculties in lawful
o 6 – legislative dept ways, travel, live, work,
o 7 – exe o Property – possessed by man, within
o 8 – judicial the commerce of man,
o Due process of law – opportunity to
o 9 – constitutional com
be heard, to be compensated; not
o 10 – local governemtn
need judicial courts but reasonable
o 11 – accountability of public officers
opportunity
o 12 – national economy and o Equal protection of the law –
patrimony – equitable distribution of equality not identity of rights; there
opportunities, income, wealth are distinction so treated accordingly
o 13 – social justice and human rights
– labor, agrarian reform, women
o 14 – educ, science and tech, arts, EO 1 was issued by Pres. Aquino to
culture and sports – quality educ, investigate reported cases of graft and
preservation enrichment of national corruption of the Arroyo
culture promote dynamic growth of administration. Is such action valid?
culture
o 15 – the family – foundation of the A: NO. It must be borne in mind that the
nation, marriage Arroyo administration is but just a
o 16 – general provisions – flag. member of a class, that is, a class of past
Congress adopt new name for administrations. It is not a class of its
country, anthem, own. Not to include past administrations
o 17 – amendments or revisions – how similarly situated constitutes
o 18 – transitory provisions – elections arbitrariness which the equal protection
when, terms nila, clause cannot sanction. Such
 Related to tourism: BILL OF RIGHTS discriminating differentiation clearly
reverberates to label the commission as a
Rel between indiv and state. vehicle for vindictiveness and selective
 retribution. (Biraogo v. Philippine Truth would have controlled access Vivares v. St.
Commission of 2010, G.R. No. 192935, Theresa’s College, G.R. No. 202666, 29 Sept. 2014
07 Dec. 2010)
 Then we have privacy in our
SECTION 3 – Privacy of communication and communications and correspondence
correspondence o Comm-speech/corres-comm by
letters (messages, calls, telegrams)
 FIRST WE HAVE Right to privacy – free o Anti-wire tapping law – tap, possess,
from unwarranted publicity. Right to be left replay for another, communicate to
alone. locational privacy, informational, and another ETR: treason,
decisional. espionage,provoking war, piracy,
 GR: inviolable ETR: court order/public kidnapping
safety

ulia and Julienne, both minors during the time of the

happening of the controversy were graduating high o A has a telephone line with an
school students. Julia and Julienne, along with many extension. One day, A was talking
others, took digital photos of themselves dressed to B over the telephone. A
only in their underwear while changing into their conspired with his friend C, who
swimsuits for a beach party they were about to was at the end of the extension line
attend in January 2012. Angela Tan shared these listening to A's telephone
photographs on her Facebook page. conversation with B in order to
overhear and tape-record the
Their computer teacher saw the photos, which conversation wherein B
included images of them smoking and drinking confidentially admitted that with
alcohol. Any Facebook user was reportedly able to evident premeditation, he (B)
see these images. Escudero then informed the killed D for having cheated him in
administration about the situation. The students their business partnership.
deported themselves in a way that was prohibited by o B was not aware that the telephone
the Student Handbook, according to STC. As a conversation was being tape-
result, they were not allowed to participate in the recorded.
commencement exercises. o In the criminal case against B for
murder, is the tape-recorded
conversation containing his
answer admission admissible in evidence?
 A: NO. R.A. No. 4200 expressly makes such
tape recordings inadmissible in evidence.
it can be surmised that the photographs in question
The relevant provisions of R.A No. 4200 are
were viewable to everyone on Facebook, absent any
as follows:
proof that petitioners’ children positively limited the
o Sec. 1. It shall be unlawful for any
disclosure of the photograph. If suchwere the case,
person, not being authorized by all
they cannot invoke the protection attached to the
the parties to any private
right to informational privacy. The ensuing
communication or spoken word, to
pronouncement in US v. Gines-Perez44 is most
tap any wire or cable, or by using
instructive:
any other device or arrangement, to
secretly overhear, intercept, or record
[A] person who places a photograph on the Internet
such communication or spoken word
precisely intends to forsake and renounce all
by using a device commonly known
privacy rights to such imagery, particularly under
as a Dictaphone or dictagraph or
circumstances suchas here, where the Defendant did
detectaphone or walkie-talkie or
not employ protective measures or devices that
 tape-recorder, or however otherwise located at YY Street, Makati, in consideration for his
described. vote to cut cigarette taxes by 50%. The Senator sued
 A regulation mandating the opening of mail or the newspaper, its reporter, editor and publisher for
libel, claiming the report was completely false and
correspondence of detainees is not violative of
malicious. According to the Senator, there is no YY
the constitutional Right to Privacy
Street in Makati, and the tax cut was only 20%. He
 The curtailment of certain rights is necessary to
claimed one million pesos in damages. The defendants
accommodate institutional needs and objectives of
denied "actual malice," claiming privileged
prison facilities, primarily internal security. As
communication and absolute freedom of the press to
long as the letters are not confidential
report on public officials and matters of public
communication between the detainee and his
concern. If there was any error, the newspaper said it
lawyer the detention officials may read them.
would publish the correction promptly. Are the
defendants liable for damages?
Sec 4 – freedom of speech
A: NO. Since Senator Bal Bass is a public person and the
Scope of protected freedom of expression under the questioned imputation is directed against him in his public
Constitution capacity, in this case actual malice means the statement
was made with knowledge that it was false or with
1. Freedom of speech; reckless disregard of whether it was false or not. Since
2. Freedom of the press; there is no proof that the report was published with
3. Right of assembly and to petition the government knowledge that it is false or with reckless disregard of
for redress of grievances; whether it was false or not, the defendants are not liable
4. Right to form associations or societies notcontrary for damages. Borjal v. CA, G.R. No. 126466, 14 Jan. 1999)
to law;
5. Freedom of religion; and Q: Wincy Diez penned several articles in Malaya
6. Right to access to information on matters of public newspaper regarding alleged bribery incidents in the
concern. Supreme Court and characterizing the justices as
“thieves” and “a basket of rotten apples.” The Court En
Purposes of Free Speech Doctrines Banc required Wincy to explain why no sanction
should be imposed on her for indirect contempt of
The Constitution provides that “sovereignty resides in the court. Did the order of the Court violate freedom of the
people” who manifest it regularly through their suffrages press?
and, more frequently and generally, by the assertion of
their freedom of expression. This sovereignty would be A: NO. While freedom of speech, of expression and of the
negated if they were denied the opportunity to participate press are at the core of civil liberties and have to be
in the shaping of public affairs through the arbitrary protected at all costs for the sake of democracy, these
imposition upon them of the ban of silence. freedoms are not absolute. For, if left unbridled, they have
the tendency to be abused and can translate to licenses,
Balance Between Unbridled Expression and Liberty which could lead to disorder and anarchy. Erika crossed
the line, as hers are baseless scurrilous attacks which
demonstrate nothing but an abuse of press freedom. They
Freedom to express a person’s sentiments and belief does
leave no redeeming value in furtherance of freedom of the
not grant one the license to nullify the honor and integrity
press. They do nothing but damage the integrity of the
of another. Any sentiment must be expressed within the
High Court, undermine the faith and confidence of the
proper forum and with proper regard for the right of
people in the judiciary, and threaten the doctrine of
others. (Soriano v. Laguardia, G.R. 164785, 15 Mar. 2010)
judicial independence.

Not absolute but may be regulated Q: Can an offensive and obscene language uttered in a
prime-time television broadcast which was easily
Freedom of the Press accessible to the children be reasonably curtailed and
validly restrained?
The guaranty of freedom to speak is useless without the
ability to communicate and disseminate what is said. And A: YES. The government’s interest to protect and promote
where there is a need to reach a large audience, the need to the interests and welfare of the children adequately
access the means and media for such dissemination buttresses the reasonable curtailment and valid restraint
becomes critical. This is where the press and broadcast on petitioner’s prayer to continue as program host of Ang
media come along. Dating Daan during the suspension period. Soriano’s
offensive and obscene language uttered on prime- time
A national daily newspaper carried an exclusive report television broadcast, without doubt, was easily accessible
stating that Senator Bal Bass received a house and lot to the children.
Religion in the Constitution would disrupt school discipline and demoralize the
teachings of civic consciousness
No law shall be made respecting an establishment of
religion or prohibiting the free exercise thereof. The free and duties of citizenship. Is the expulsion justified?
exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall The only limitation to religious freedom is the existence of
forever be allowed. No religious test shall be required for grave and present danger to public safety, morals, health
the exercise of civil or political rights. (Sec. 5, Art. III, 1987 and interests where the right to prevent belongs to the
Constitution) State. The expulsion of the petitioners from the school is
not justified.
Guarantees contained in Sec. 5 Art. III of the 1987
Constitution (1996, 1997, 1998, 2003, 2009, 2012 it doesn’t present any danger so evil and imminent to
BAR) justify their expulsion. The expulsion of the students by
reason of their religious beliefs is also a violation of a
1. Non-establishment clause; (set up, aid, prefer, citizen’s right to free education.
member)
2. Free exercise clause. (believe, not believe, SEC 6 – Liberty of abode
owntheories, act on ones belief)
Rights guaranteed under Sec. 6 of the Bill of Rights
Q: Denmark S. Valmores is a member of the Seventh- (1991, 1996, 1998, 2012 BAR)
day Adventist Church, whose fundamental beliefs
include the strict observance of the Sabbath as a 1. Freedom to choose and change one’s place of
sacred day. As such, he refrains from non-religious abode; and
undertakings from sunset of Friday to sunset of 2. Freedom to travel within the country and outside.
Saturday., Valmores was enrolled as a first-year
student at the MSU-College of Medicine. However, in
one instance, petitioner Valmores was unable to take The liberty of abode may be impaired only:
his Histo-Pathology laboratory examination. Despite
his request for exemption, no accommodation was 1. Upon lawful order of the court and; and
given. As a result, Valmores received a failing grade of 2. Within the limits prescribed by law such as public
5. Valmores seeks to enforce the 2010 CHED safety and security. (Sec. 6, Art. III, 1987
Memorandum. Constitution)

A: YES. a student's religious obligations take precedence Examples:

over his academic responsibilities, consonant with the
constitutional guarantee of free exercise and enjoyment of 1. Persons in the danger zone areas (e.g. Mt. Pinatubo, Taal
religious worship. Accordingly, the CHED imposed a Volcano) may be relocate
positive duty on all HEIs to exempt students, as well as
faculty members, from academic activities in case such 2. Insane persons who roam around in Roxas Boulevard
activities interfere with their religious obligations. may be committed by the government to the National
Mental Hospital for appropriate treatment
Q: Dychie, Rose Anne, Julie, Kimmy, Alarice and
Krizelle were minor school children and member of DPWH may validly ban certain vehicles on
the sect, Jehovah’s Witnesses. They were expelled from expressways in consideration of constitutional
their classes by various public school authorities for provisions of right to travel. (bike, kalesa)
refusing the flag, sing the national anthem and recite
the to salute “Panatang Makabayan” required by R.A. The right to travel does not mean the right to choose any
1265. vehicle in traversing a toll way. The right to travel refers to
the right to move from one place to another.
According to them, the basic assumption in their
universal refusal to salute the flags of the countries in A toll way is not an ordinary road. As a facility
which they are found is that such a salute constitutes
designed to promote the fastest access to certain
an act of religious devotion forbidden by God's law and
destinations, its use, operation, and maintenance
that their freedom of religion is grossly violated. On
require close regulation. Public interest and safety
the other hand, the public authorities claimed that the
require the imposition of certain restrictions on toll
freedom of religious belief guaranteed by the
Constitution does not mean exception from non- ways that do not apply to ordinary roads. As a special
discriminatory laws like the saluting of flag and the kind of road, it is but reasonable that not all forms of
singing of the national anthem. To allow otherwise transport could use it.
Anyone is free to access the toll way, much as the rest of promote industrialization, full employment, sound
the public can. The mode by which onewishes to travel agrarian reform, fficient use of human and natural
pertains to the manner of using the tollway, a subject that resources, protect Filipino enterprises against unfair
can be validly limited by regulation. foreign competition and trade practices

President Rodrigo Duterte issued Proclamation No. Manila prince hotel vs GSIS – manila bid purchase
475 formally declaring a state of calamity in Boracay majority of the shares bc Hotel is a living
and ordering its closure for six (6) months. On account
of this, Boracay residents filed the present petition
testimonial of filipino heritage and has been so
alleging that they would suffer grave and irreparable imbued in our country’s history, it should be
damage as their livelihood depends on the tourist preserved to be a Filipino hotel
activities therein. They attacked the order on the
ground that it violates the right to travel. Are they SEC 11 Franchises, authority and certificates for
correct? public utilities
A: NO. The questioned proclamation is clearly focused on
A "public utility" is a business or service engaged in
its purpose of rehabilitating Boracay was only temporary
regularly supplying the public with some commodity or
considering the categorical pronouncement that it was
service of public consequence such as electricity, gas,
only for a definite period of six months.
water, transportation, telephone or telegraph service.

Hence, if at all, the impact of Proclamation No. 475 on the

whose services are essential to the general public.
right to travel is not direct but merely consequential; and,
the same is only for a reasonably short period of time or
merely temporary. (Zabal v. Duterte, G.R. No. 238467, 12 Operation v. Ownership of Public Utilities
Feb. 2019)
The Constitution requires a franchise for the operation of a
public utility. However, it does not require a franchise
SEC 8 Right to association before one can own the facilities needed to operate a
public utility.
The right to association is deemed embraced in the
freedom of expression because the organization can be
used as a vehicle for the expression of views that have a Does that mean there can be no foreign investors at
bearing on the public welfare. all?

Q: Can members of religious sects be compelled to join Q. Charoen, a foreign-owned company engaged in
labor unions due to closed shop agreements with the agribusiness, applied for registration with the Board of
employers? Investments (Board) as a new producer in the swine,
poultry, and fishery industries. The Alliance of
A: NO. In spite of any closed shop agreement, members of Agribusinesses in the Philippines (AAP), an
said religious sects cannot be refused employment or organization of domestic companies, assailed the
dismissed from their job Board’s approval of the ABC’s applications for
registration for being violative of the constitutional
provisions against foreign ownership of enterprises in
Right to strike – public v private
industries imbued with public interest. Is the
contention of AAP correct?
SEC 10 Impairment of contracts
A. NO. The Constitution does not prohibit foreign
Valid contracts should be respected by the legislature and ownership of industries in the Philippines, save for certain
not tampered with by subsequent laws that will change the industries, such as advertising, public utilities, mass media,
intention of the parties or modify their rights and educational institutions, ownership of private lands, and
obligations. the exploration, development, and utilization of natural
resources. The Foreign Investments Act of 1991 declares
Etr: The non-impairment clause always yields to the police that as much as 100% foreign ownership in domestic
power of the state–and even to the power of taxation and enterprises may be allowed, except for industries in the
eminent domain–for as long as the subject matter of the negative list. In this regard, the Board does not place
contract is imbued with paramount public interest. “agriculture/agribusiness and fishery” in the negative lists
for several years already. Thus, agribusiness, not being a
XIII. NATIONAL ECONOMY AND PATRIMONY nationalized or partly nationalized industry, may be made
the subject of foreign investment. (National Federation of
Hog Farmers, Inc. v. Board of Investments, et al, G.R. No.
Goal: raising the quality of life for all by:
205835, 23 June 2020)
SEC 14 PRACTICE OF PROFESSION

Practice of Profession in the Philippines

GR: The practice of all professions in the Philippines shall

be limited to Filipino citizens. (Sec. 14, Art. XII, 1987
Constitution)

XPN: Save in cases prescribed by law. Reciprocity Clause

The principle of reciprocity states that favors, benefits, or

penalties that are granted by one state to the citizens or
legal entities of another, should be returned in kind.

In this regard, a foreigner may practice profession in the

Philippines if there is a reciprocity provision provided in
laws regulating a profession. (Board of Medicine v. Ota, G.R.
No. 166097, 14 July 2008)

OR if there is not enough qualified filipinos.

Q: Yasuyuki Ota, a Japanese national residing in the

Philippines, graduated from Bicol Christian College of
Medicine with a degree of Doctor of Medicine. He filed
an application to take the medical board examinations
in order to obtain a license. He submitted the Medical
Practitioners Law of Japan duly authenticated by the
Consul General of the Philippine Embassy to Japan.
After passing the board exams, the Board of Medicine
denied Ota’s request for a license to practice medicine
in the Philippines on the ground that no reciprocity
can be found in the law of Japan as there are no
Filipinos who can possibly practice there. Ota filed a
petition for mandamus against the Board. Decide.

A: I will grant the mandamus. It is enough that the laws

in the foreign country permit a Filipino to get license and
practice therein. Requiring respondent to prove first that a
Filipino has already been granted license and is actually
practicing therein unduly expands the requirements
provided for under the Medical Act. It merely requires a
foreign citizen to submit competent and conclusive
documentary evidence, confirmed by the Department of
Foreign Affairs (DFA), showing that his country’s existing
laws permit citizens of the Philippines to practice medicine
under the same rules and regulations governing citizens
thereof. (Board of Medicine v. Yasuyuki Ota, G.R. No.
166097, 14 July 2008; Sec. 9, R.A. No. 2382 “Medical Act of
1959”)

Practice of Law

Only Filipino citizens may be admitted to the Philippine

bar and therefore, practice law. (Rule 138, Rules of Court)

Filipino Citizenship is a continuing requirement for

Practice of Law